The issue of equal marriage in the US state of New Mexico was thrown into confusion by Monday's ruling

A lesbian couple in the county of Sandoval, New Mexico, has filed a lawsuit after being denied a marriage licence.

Carolyn VanHousen and Gail Gering, have been in a relationship for eighteen years, and have attempted to marry in the past, but as the issue of equal marriage has been thrown into flux in the state due to a judge’s ruling on the issue, the couple were surprised to be turned down again on Wednesday.

The New Mexico constitution does not expressively prohibit same-sex couples from marrying but no recognition of same-sex relationships previously existed within the state.

When Gering and VanHousen approached the county clerk though, they were denied the marriage licence. “We asked the clerk for a license. She politely, but resolutely, said no,” said Gering.

Despite several counties now issuing marriage licences to same-sex couples, Sandoval County, where the couple live, still is not. Aside from being optimistic, the couple said they were not realistically expecting to be issued with a marriage licence yesterday.

With the help of the American Civil Liberties Union (ACLU) in the state, the couple have filed a lawsuit in order to push Sandoval County Clerk Eileen Garbagni, to issue the licence.